INTRODUCTION AND BRIEF DESCRIPTION
The Attorney General can appeal if a justice does not make a finding or order in relation to an application under subsection (1) of section 117.05.
SECTION WORDING
117.05(8) Where a justice does not make a finding as described in subsection (4) following the hearing of an application under subsection (1), or makes the finding but does not make an order to the effect described in paragraph (4)(b), the Attorney General may appeal to the superior court against the failure to make the finding or to make an order to the effect so described.
EXPLANATION
Section 117.05(8) of the Criminal Code of Canada outlines the circumstances under which the Attorney General may appeal a decision made by a justice in the context of an application made under subsection (1) of this section. Subsection (1) relates to applications for a prohibition order, which may be sought by the Attorney General in cases where they believe there are reasonable grounds to fear that an individual may commit a terrorism offence. If a justice hears an application under subsection (1) and does not make a finding as described in subsection (4), or makes the finding but does not make an order to the effect described in paragraph (4)(b), the Attorney General can appeal to the superior court against the failure to make the finding or to make the order. Subsection (4) relates to the specific findings that a justice must make in order to grant a prohibition order. These include finding that there are reasonable grounds to fear that an individual may commit a terrorism offence, and that making the order is necessary to prevent the commission of such an offence. This provision highlights the importance of preventing terrorism in Canadian society, and the extensive powers available to the Attorney General in doing so. It also underscores the importance of ensuring that the proper legal procedures are followed in assessing and responding to potential threats, particularly in cases where individual rights and freedoms may be impacted. By enabling the Attorney General to appeal a decision that fails to meet the necessary legal standards, this provision serves as another safeguard against the misuse of power in the name of national security.
COMMENTARY
Section 117.05(8) of the Criminal Code of Canada provides the Attorney General with the right to appeal to the superior court against a justice's failure to make a finding or to make an order under subsection (4) of this section. The subsection (4) of this section refers to a finding or order related to the determination of whether an organization is a criminal organization or not. This section of the Criminal Code of Canada is an important tool for the Attorney General to ensure that justice is served in cases related to organized crime. The Attorney General is the chief law officer of the Crown in Canada, and his or her duty is to uphold the rule of law, protect rights and freedoms, and defend the public interest. The ability to appeal a decision of a justice regarding the status of an organization as a criminal organization is crucial as it provides an avenue for accountability and oversight. The Attorney General must be satisfied that there is sufficient evidence to make a finding or an order under subsection (4) of this section, and failure to do so by a justice can result in the potential consequences of innocent people being labelled as criminals or vice versa. Section 117.05(8) balances the need to protect the public from criminal organizations with the need to ensure that the rule of law is followed. Canada has made significant strides in combating organized crime in recent years, and this section of the Criminal Code of Canada is one tool that has contributed to this success. However, it is crucial to note that the use of this section must be done with utmost care and consideration. Any appeal must be based on sufficient evidence, and the decision to appeal must be made in the interest of justice rather than for political or personal gain. In conclusion, section 117.05(8) of the Criminal Code of Canada provides the Attorney General with an important and necessary tool to uphold the rule of law and protect the public from organized crime. However, the use of this section must be done judiciously to ensure that it is not misused, leading to dire consequences for innocent people and the integrity of the justice system.
STRATEGY
Section 117.05(8) of the Criminal Code of Canada outlines the circumstances under which the Attorney General may appeal to the superior court against the failure of a justice to make a finding or order in relation to an application under subsection (1) of the section. As such, when dealing with this provision, there are a number of strategic considerations that should be taken into account. One strategy that could be employed in the event of an appeal under section 117.05(8) is to carefully review the facts of the case and the reasoning of the justice who heard the application. This may involve conducting a detailed analysis of the evidence presented, as well as the legal arguments and submissions made by both parties. In particular, it may be important to identify any procedural irregularities or errors that may have contributed to the justice's decision, as well as any legal precedents or authorities that may be relevant to the case. Another key consideration when dealing with an appeal under section 117.05(8) is the potential impact on the parties involved. Depending on the circumstances of the case, an unsuccessful appeal could have serious consequences for the accused, particularly if they are facing the possibility of being placed on a list of individuals who may commit a terrorism offense. As such, it may be important to carefully consider the potential risks and benefits of pursuing an appeal, and to ensure that the strategy employed is tailored to the specific needs and circumstances of the case. In addition to reviewing the facts and legal arguments of the case, another strategy that may be employed in the event of an appeal under section 117.05(8) is to engage in careful and strategic legal advocacy. This may involve conducting thorough research into relevant legal authorities and precedents, as well as working closely with clients and other key stakeholders to develop persuasive and compelling arguments in support of the appeal. It may also involve working with expert witnesses and other professionals to provide additional evidence and support for the appeal. Ultimately, the key to success when dealing with an appeal under section 117.05(8) will be to carefully analyze the facts and legal issues of the case, and to employ a range of strategic legal advocacy techniques to achieve the desired outcome. By taking a proactive and strategic approach to such appeals, it may be possible to achieve positive outcomes for clients, while also advancing the broader interests of justice and the rule of law.